http://repositorio.ufc.br/handle/riufc/112 2026-06-15T22:22:24Z 2026-06-15T22:22:24Z Menezes, Éric da Rocha de http://repositorio.ufc.br/handle/riufc/85719 2026-04-08T20:09:49Z 2026-01-01T00:00:00Z

Título: O devido processo legal tecnológico na era da inteligência artificial: uma análise do sistema Athos no rito dos recursos repetitivos Autor(es): Menezes, Éric da Rocha de Abstract: This dissertation aims to analyze the integration of the Athos system into the repetitive appeals process and its compatibility with technological due process. It hypothesizes that the use of artificial intelligence in judicial decisions has conceptual, epistemological, and operational limitations, requiring constant and careful human supervision guided by the principles of transparency and explainability, the basis for the restructuring of due process, which now demands a technological dimension. In this scenario, Athos would not be in line with technological due process, requiring better incorporation of the principles of transparency and explainability in its operation. The term "artificial intelligence" has recently regained prominence, as this technology has become established in various sectors, both public and private, and in the daily lives of the population, facilitating repetitive tasks that once consumed human time. The Brazilian Judiciary, facing the significant challenge of mass litigation, quickly incorporated various AI systems into the procedural stages, including the decision-making phase. However, despite its positive impacts, such as the ability to analyze large databases in a short time, the tool is not infallible and has the potential to cause harm to those under its jurisdiction if the procedural system is not rethought. From this perspective, the research used the deductive method, through a qualitative approach to data analysis, collected using documentary and bibliographic research techniques, in order to verify whether the Athos system provides those under its jurisdiction with access to informative elements and the databases that compose it, in a comprehensible way, as well as an explanation, through visual elements or natural language, of the path taken to reach the result, demonstrating the criteria used. The investigation identified that AI systems are capable of correlating information to offer answers, but cannot effectively think. Artificial intelligence is a tool, with the legal nature of a legal good, capable of solving problems and overcoming obstacles, regardless of having consciousness. In light of this concept, the study focused on the standardization affecting AI systems, finding that, despite the existence of a new internationally established set of principles, Brazil still lacks a normative strategy for AI. The investigation revealed essential differences between the human knowledge process and that of AI systems, specifically regarding the risk of automation bias, which requires a new phase of justification. With respect to Athos, the study evaluated its creation and implementation, demonstrating the risk of simplifying appeal arguments through ngrams. The research identified that the incorporation of AI in the Judiciary demands the observance of transparency and explainability, resulting in a due technological legal process. Finally, the hypothesis was confirmed, considering that Athos does not provide litigants with information and explanations regarding the proposed new principles. Tipo: Dissertação

2026-01-01T00:00:00Z Farias, Delmiro Ximenes de http://repositorio.ufc.br/handle/riufc/86648 2026-06-09T16:03:49Z 2026-01-01T00:00:00Z

Título: Cartas para devassar: a jurisdição criminal dos governadores-gerais do Brasil (1650-1700) Autor(es): Farias, Delmiro Ximenes de Abstract: The governors-general of the State of Brazil were prominent representatives of the Portuguese Crown in the 17th century. They received a portion of the monarch's powers for the purpose of administering the colony. Among these powers were certain judicial functions, although judicial proceedings were formally the responsibility of other officials. Criminal jurisdiction was the duty of juízes ordinários (ordinary judges), ouvidores (magistrates), juízes de fora (royal judges) and desembargadores (high court judges). Based on this context, this study questions whether the governors-general could act in devassas (judicial inquiries) and how they did so. The objectives of this research are, first, to analyze the political and normative reasons that allowed the governor-general to act in devassas, and, second, to understand how this intervention occurred. To this end, the study utilizes letters from the Documentos Históricos collection of the National Digital Library of Brazil (volumes 3 to 7), as well as documents recovered from the Overseas Historical Archive (Arquivo Histórico Ultramarino) by the Projeto Resgate, specifically the Bahia Luísa da Fonseca series. Furthermore, Codex 245 of the Cartas da Bahia from the same archive was examined. This work also draws upon the provisions of the Philippine Ordinances (Ordenações Filipinas) regarding the Casa de Suplicação (House of Supplication) in Portugal and the two charters (regimentos) of the High Court (Tribunal da Relação) in Bahia, in addition to specialized literature. The regimentos of governors-general Tomé de Sousa, Francisco Giraldes, Gaspar de Sousa, and Roque da Costa Barreto are also analyzed. In the first part of the work, the foundations and the functioning of criminal justice during the period under study are examined. The second chapter investigates the powers of the governors-general of Brazil, particularly their jurisdictional capabilities, notably regarding the administration of criminal justice, by examining the normative reasons behind their criminal jurisdiction. The third chapter focuses on the mode of operation of these authorities and analyzes the role of these letters within the political and normative communication network of the Portuguese kingdom. As a result, it is demonstrated that the governor-general, within the scope of the Tribunal da Relação, performed the same role as the regedor of the Casa de Suplicação, namely, presiding over it. There were numerous provisions in the regimentos allocating criminal jurisdiction, which underscores the clear possibility of the governor-general intervening in criminal matters. From the analyzed documents, orders issued by governors-general stand out, directing specific officials to open devassas, carry out arrests, grant release, or even instances where the governors-general themselves granted pardons. Among the crimes involved, the study highlights homicide and those associated with the terms “revolution,” “revolt,” “mutiny,” “disobedience,” and “resistance.” In several letters, the governor-general ordered that the papers resulting from the devassas be forwarded to him, stating that he would personally proceed “as justice requires” (como for de justiça). Furthermore, it is established that these letters were part of a communication chain linking the metropolis, the general government, local administration, and private individuals, thereby integrating a broader dispute over power and normative production. Finally, the defended thesis is that the governors-general could act in criminal proceedings because a portion of royal regalia and jurisdiction was delegated to them. The letters, while constituting sources of such power, also demonstrated its practical application, especially regarding crimes that threatened the established political order. Criminal proceedings thus functioned as strategic resources within the political disputes of the 17th century. Tipo: Tese

2026-01-01T00:00:00Z Néo, André Furtado http://repositorio.ufc.br/handle/riufc/86534 2026-05-29T18:40:49Z 2026-01-01T00:00:00Z

Título: A cidadania como projeto constitucional: entre a força normativa do artigo 205 e a fragilidade da implementação de políticas estatais Autor(es): Néo, André Furtado Abstract: The 1988 Federal Constitution consolidates a Democratic State governed by the rule of law, having as its core and foundation Citizenship and the Dignity of the Human Person, together with the effectiveness of Fundamental Rights. Within this new institutional framework, education for citizenship appears in Article 205 of the 1988 Constitutional Text, establishing that the objectives of educating for the full development of the individual involve preparing them for the exercise of citizenship. Thus, the analysis focuses on the absence of adequate preparation for the exercise of citizenship, a deficiency that acquires more concerning contours in the contemporary legal scenario, given the proliferation of authoritarian discourses seeking to undermine the Democratic State governed by the rule of law. Under these conditions, and considering the relevance of the topic, the general objective of this work is to examine the immediate applicability guaranteed by the 1988 Federal Constitution with respect to civic‑constitutional education and the possible omissions of the Brazilian State. To this end, it is necessary to undertake a comparative analysis of nations that already implement, within their public education systems, the guarantee of objectively disseminating civic‑constitutional subjects. Subsequently, the study seeks to understand the social, legal, and political effects of incorporating education for citizenship into the school curriculum, enabling citizens to acquire the juridical‑political knowledge necessary for building a just, free, and solidary society, in accordance with the Brazilian constitutional objective. It also aims to explore a theoretical and historical construction of citizenship and, finally, to verify the existence of an effective Brazilian public policy directed toward citizenship education in the training of education professionals. For this purpose, the methodology employed consists of bibliographic research through the analysis of books, legal articles, national and international documents, legislation, and jurisprudence. The research is pure, qualitative and quantitative in nature, with descriptive and exploratory purposes Tipo: Dissertação

2026-01-01T00:00:00Z Albuquerque, Márcia Araújo Gois http://repositorio.ufc.br/handle/riufc/86483 2026-05-26T17:04:52Z 2026-01-01T00:00:00Z

Título: Desigualdade salarial entre mulheres e homens: um estudo do fenômeno no Brasil Autor(es): Albuquerque, Márcia Araújo Gois Abstract: Brazil ranks 72nd in the Global Gender Gap Report prepared by the World Economic Forum, having closed 72% of the gender gap in 2025. The country regressed in this indicator, as it held the 57th position in the ranking in 2023, when it reached a gender equality index of 72.6%. Despite the plurality of rules in force within the Brazilian legal system concerning equal pay between women and men, the Brazilian Institute of Geography and Statistics identified the existence of structural inequality, as differences in pay between workers of different sexes - under the same criteria and subject to only minor variations - have been consistently observed in all Continuous National Household Sample Surveys conducted since 2012. This study seeks to analyze the effectiveness of the rules currently in force in the Brazilian legal system, especially Law No. 14,611/2023, in addressing wage inequality between women and men throughout the national territory. The specific objectives are: (I) to understand wage inequality based on sex as a structuring social phenomenon; (II) to examine national and international legislation regulating equal pay between workers of different sexes; (III) to discuss the role of public policies and pay transparency as instruments to combat inequality; and (IV) to analyze the judicialization of claims on the subject, under both diffuse and concentrated review, from the perspective of Constitutional Procedural Law, since the enactment of Law No. 14,611/2023. The methodology used to reach the conclusions involves qualitative and quantitative, exploratory and descriptive research, based on documentary and bibliographical analysis, with reference to statistical data to contextualize the social reality under study. The jurisprudential analysis presented derives from a search of the decision repositories of the Federal Supreme Court, the Federal Regional Courts, and the Regional Labor Courts. At the end of the research, it was concluded that, in the context of the advancement of neoliberal ideals, there are obstacles to the effective implementation of the principle of equal pay, making the stance of society and the national courts relevant for the application of socially oriented norms and the fulfillment of the Sustainable Development Goals of the 2030 Agenda. Tipo: Dissertação

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